SHAMMA Vs. KARTAR SINGH

JUDGEMENT

(1.) CLAIMANTS-APPELLANTS (HEREINAFTER referred to as 'the claimants'), the legal representatives of late Yakoob khan initiated an action under the provisions of the motor Vehicles Act, 1988 (for brevity, 'the Act') before motor Accidents claims Tribunal, Khandwa (for short, 'the Tribunal')forming the subject-matter of claim Case No. 54 of 2000 whereby a claim of Rs. 7,00,000 as compensation for the death of said Yakoob Khan, husband of appellant No. 1 and father of appellant nos. 2 to 4, was put forth.

(2.) SANS unnecessary details, the facts which are essential for adjudication of this appeal are that on 4. 9. 1999, the deceased yakoob Khan, was travelling in the jeep bearing registration No. MP 12-B 3528 which was proceeding from Rustampur to khandwa. The vehicle in question was driven by respondent No. 1 and owned by respondent No. 2 and it was insured with united India Insurance Co. Ltd. , respondent no. 3 herein. About 11. 30 a. m. when the jeep reached near Ajit Agro Industries, there was a storm, the occupants of the jeep requested the driver to stop the vehicle but, paying no heed to such beseech, the driver continued to drive the jeep. Thereafter, a branch of a tree fell down on the jeep as a consequence of which, Yakoob sustained injuries and died at the spot. It was pleaded before the Tribunal that the deceased was dealer of food grains and was earning rs. 30,000 per year and was contributing substantially to the family because of his sense of duty and responsibility.

(3.) THE driver of the vehicle chose to remain ex parte. The owner, respondent no. 2, filed a written statement contending, inter alia, that deceased Yakoob was not travelling in the jeep and further the vehicle was insured with respondent No. 3 and hence, insurer was liable to be saddled with the liability. Additionally, it was also contended that the driver was not negligent and by no stretch of imagination, it could be treated as an accident.